Cablevision case may not help DISH in the Second Circuit
A new digital video recording system called The Hopper has become the latest technology to challenge network television’s ad model, but also may clarify how much unlicensed copying and storage of content is considered non-infringing
The DISH Network’s new DVR service, The Hopper, includes a feature called Auto Hop, which allows users to skip commercials when playing back recorded content with the touch of a button. While most reports have focused on this aspect of the service, it is a separate, initially less controversial feature that now has some copyright lawyers intrigued.
The Hopper differs from the traditional DVR model in two ways: first, instead of having to fast forward through commercials, one button push automatically skips them altogether; second, The Hopper also includes a PrimeTime Anytime feature, which gives viewers the option to store all primetime network programming for eight days, and then viewing programmes on demand during that time period. Traditional on-demand models usually require licensing arrangements.
DISH successfully requested that the lawsuits brought by Fox Broadcasting, NBC and CBS in California be enjoined until its own suit in New York is...
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